Legislation UpdatesStatutes/Bills/Ordinances

On December 25, 2021, the Surrogacy (Regulation) Act, 2021 received President’s assent in order to regulate the practice and process of surrogacy, constitute National Assisted Reproductive Technology and Surrogacy Board, State Assisted Reproductive Technology and Surrogacy Boards. 

Key features of the Act:

I. Prohibition and regulation of surrogacy clinics:

    • No surrogacy clinic, unless registered under this Act, shall conduct or associate with, or help in any manner, in conducting activities relating to surrogacy and surrogacy procedures; or employ or cause to be employed or take services of any person, whether on honorary basis or on payment, who does not possess such qualifications as may be prescribed.
    • No surrogacy clinic, paediatrician, gynaecologist, embryologist, registered medical practitioner or any person shall conduct, offer, undertake, promote or associate with or avail of commercial surrogacy in any form; or store a human embryo or gamete for the purpose of surrogacy except storage for other legal purposes like sperm banks, IVF and medical research; or conduct or cause to be conducted sex selection for surrogacy.

II. Regulation of surrogacy and surrogacy procedures: No surrogacy or surrogacy procedures shall be conducted, undertaken, performed or availed of, except for the following purpose:

    • when an intending couple has a medical indication necessitating gestational surrogacy provided that a couple of Indian origin or an intending woman who intends to avail surrogacy, shall obtain a certificate of recommendation from the Board on an application made by the said persons in such form and manner as may be prescribed.
      Note: “gestational surrogacy” means a practice whereby a surrogate mother carries a child for the intending couple through implantation of embryo in her womb and the child is not genetically related to the surrogate mother;
    • when it is only for altruistic surrogacy purposes;
    • when it is not for commercial purposes or for commercialisation of surrogacy or surrogacy procedures;
    • when it is not for producing children for sale, prostitution or any other form of exploitation.

III.  Written informed consent of surrogate mother: All known side effects and after effects of such procedures shall be informed to the surrogate mother concerned and also a written informed consent of the surrogate mother to undergo such procedures in the language she understands is required to obtain.

IV. Registration of surrogacy clinics: No person shall establish any surrogacy clinic for undertaking surrogacy or to render surrogacy procedures in any form unless such clinic is duly registered under this Act. Every surrogacy clinic which is conducting surrogacy or surrogacy procedures, partly or exclusively, shall, within a period of sixty days from the date of appointment of appropriate authority, apply for registration.

V. Establishment of National Assisted Reproductive Technology and Surrogacy Registry: There shall be established a Registry to be called the National Assisted Reproductive Technology and Surrogacy Registry for the purposes of registration of surrogacy clinics under this Act.

Legislation UpdatesStatutes/Bills/Ordinances

The Assisted Reproductive Technology (Regulation) Bill, 2020

Introduction

On 14-09-2020, The Assisted Reproductive Technology (Regulation) Bill, 2020 was introduced in Lok Sabha.

About

Purpose of the said bill was for the regulation and supervision of the assisted reproductive technology clinics and the assisted reproductive technology banks, prevention of misuse, safe and ethical practice of assisted reproductive technology services and for matters connected therewith or incidental thereto.

What is the need to regulate the Assisted Reproductive Technology Services?

The need to regulate the Assisted Reproductive Technology Services is mainly to protect the affected women and children from exploitation.

The oocyte donor needs to be supported by an insurance cover. Multiple embryo implantation needs to be regulated and children born through ART need to be protected. The cryopreservation of sperm, oocytes and embryo by the ART Banks need to be regulated and the proposed legislation intends to make Pre Genetic Implantation Testing mandatory for the benefit of the child born through assisted reproductive technology.

Salient features of the bill are as follows:

(a) to define certain terms like “assisted reproductive technology”, “assisted reproductive technology clinic”, “commissioning couple”, “Woman”, etc.;

(b) to provide that the National Board and the State Board shall be the same Board as proposed in the Surrogacy Bill;

(c) to provide that the existing assisted reproductive technology clinics and the assisted reproductive technology banks, as on the date of the enactment of the proposed legislation, conducting assisted reproductive technology procedures partly or exclusively shall make an application to the Registration Authority within a period of sixty days from the date of establishment of the National Registry;

(d) to provide that the assisted reproductive technology services shall be available to a woman above the legal age of marriage and below the age of fifty years and a man above the legal age of marriage and below the age of fifty-five years;

(e) to provide that an oocyte donor shall be an ever-married woman having at least one live child of her own with a minimum age of three years and to donate oocytes only once in her life and not more than seven oocyte shall be retrieved from the oocyte donor;

(f) to provide that the assisted reproductive technology clinics shall provide professional counselling to commissioning couple and woman about all the implications and chances of success of assisted reproductive technology procedures in the clinic; and they shall also inform the advantages, disadvantages and cost of the procedures, their medical side effects, risks including the risk of multiple pregnancy and any such other matter as may help the commissioning couple to arrive at an informed decision that would most likely be the best for the commissioning couple and woman;

(g) to provide that the assisted reproductive technology clinics and assisted reproductive technology banks shall ensure that commissioning couple, woman and donors of gametes are eligible to avail of assisted reproductive technology procedures;

(h) to provide for offences and penalties for the contravention of its provisions.

Read the detailed bill here: BILL


Lok Sabha